Kathryn S. Whitlock

Kate Whitlock has spent her entire career defending people accused of not doing their jobs right. Whatever the accusation, defendants trust she has their back. Kate works tirelessly to untangle complicated issues to protect our clients' reputations and livelihood. She aims to resolve litigation or disputes promptly so that her clients can get back to focusing on what they do best – their work.

A tactful negotiator and persuasive communicator, Kate is a force to be reckoned with in a courtroom or alternative dispute forum. She has tried more than 60 cases to verdict in state and federal courts. Her advocacy in the appellate courts is equally notable, often being hired by other lawyers after an unfavorable trial outcome. Most recently, she won a landmark case in the Georgia Supreme Court that changed how attorneys structure contracts for legal services. Outside of the courts, she represents clients in arbitration, mediation, and before licensing agencies. Her track record has earned her notable honors and widespread recognition by her peers.

Professional Liability

Kate is highly-sought by individuals and insurance companies to defend professional liability litigation. In claims arising from on-the-job conduct involving malpractice, breach of fiduciary duty, sexual misconduct, errors and omissions, bad faith, improper design, professional discipline, or something else, she is steadfast in her commitment to vindicate her clients. Kate has an in-depth understanding of the nuances of defending individuals and their organizations from the following professions:

• Accountants
• Appraisers
• Architects
• Attorneys
• Claims Handlers
• Dentists
• Directors and Officers
• Engineers
• Home Inspectors
• Hoteliers
• Insurance Agents and Brokers
• Massage Therapists
• Property Managers
• Real Estate Agents
• Teachers

Education

• University of Iowa College of Law  (J.D., with honors, 1986)
• University of Iowa  (B.A., with special honors, 1983)
• Duke University
  • Attended 1980-81

Licensed to Practice in

• Georgia
• Supreme Court of Georgia
• Georgia Court of Appeals
• U.S. Court of Appeals, Eleventh Circuit
• U.S. District Court, Northern District of Georgia
• U.S. District Court, Middle District of Georgia
• U.S. District Court, Southern District of Georgia

News

Events, Seminars & Speaking Engagements

• Faculty, CLM Claims College, School of Professional Lines, Claims and Litigation Management Alliance, Baltimore, Maryland (September 2022)
• "Duty to Protect From Third-Party Harm in Sexual Abuse Cases," Stafford, Webinar (January 2022)
• Co-Chair, DRI Professional Liability Seminar, New York, New York (December 2021)
• "A Directors' Test Case – Governance, Fiduciary Duty and Enterprise Risk Management in Cyberbreach," 2021 National Risk Retention Association Annual Conference, Chicago, Illinois (November 2021)
• “Caught in the Web: Analyzing and Defending ADA Website Accessibility Cases,” 2021 CLM Focus: Diversity, Equity & Inclusion, Management Liability, Medical Malpractice, Product Liability, Professional Liability, Transportation, Claims & Litigation Management; Chicago, Illinois (October 2021)
• Faculty, CLM Claims College on Bad Faith and D&O/Fiduciary Claims, School of Professional Lines, Claims and Litigation Management Alliance, Baltimore, Maryland (September 2021)
• Moderator: “Finding the Phoenix in the Ashes of 2020: Using Our Positions in Law to Achieve Diverse and Inclusive Workplaces that Promote Justice in the World Around Us,” 2021 ALFA International Client Seminar, Virtual (March 2021)
• "Claims Jeopardy: Your Issues (In the Form of a Question)," 2020 DRI Professional Liability Virtual Seminar (December 2020)
• Instructor: “Ethical Claim Handling and Avoiding Claims of Bad Faith,” 2020 CLM Claims College, Professional Liability Level III (September 2020)
• “Nuclear Verdicts: How to Value Cases Post-Mushroom Cloud,” 2020 CLM Cyber, Management & Professional Liability Conference (July 2020)
• “Reply All: The Attorney-Client Relationship in the Electronic World,” 2020 ALFA International Client Seminar, Marco Island, Florida (March 2020)
• “The Beginning of a Beautiful Relationship: Engagement Letters,” DRI Professional Liability Conference, New York, New York (December 2019)
• “Malpractice on Trial: Avoiding Claims and Grievances,” State Bar of Georgia ICLE at Sea, North Sea (August 2019)
• “Scoring A Run: Making Sure You Can Get All Around the Bases and Back Home With Your Deposition Testimony,” 2019 ALFA International Professional Liability Group Mini-Seminar, Chicago, Illinois (August 2019)
• “Avoiding Malpractice and Bad Faith in an Electronic World,” 2019 CLM Cyber, Management and Professional Liability Conference, Boston, Massachusetts (July 2019)
• Cross Examination of the Plaintiff in a Legal Malpractice Case,” Georgia Institute of Continuing Legal Education, Atlanta, Georgia (March 2019)
• “Handling Claims with Practically Perfectly Aligned Stakeholders,” 2019 Annual Conference, Claims and Litigation Management Alliance, Orlando, Florida (March 2019)
• “Common Mistakes 101: Avoiding Legal Malpractice,” American Bar Association, Webinar (October 2018)
• “Legal Malpractice 101: Avoiding and Defending Claims,” State Bar of Georgia ICLE at Sea, Eastern Mediterranean (October 2018)
• “Retention Letters, ” ALFA International, Legal Hot Topics, Webinar (September 2018)
• “How to Prepare for Your Deposition, for Insurance Professionals, ” Chartered Property Casualty Underwriter Institutes, Dunwoody, Georgia (April 2018)
• “Direct Examination of Expert Witnesses, ” ICLE: State Bar Series - Not Your Typical CLE, Atlanta, Georgia (March 2018)
• Premises Liability in Georgia, Beyond Slip and Fall
• Fundamentals of Malpractice Litigation
• Organizing a Case for Trial
• Ethics and Legal Malpractice Cases
• Products Liability in Georgia: From Buyer Beware to Seller Beware

Publications

• "The Multi-Million Dollar Problem of Civil Sexual Misconduct Claims," DRI for the Defense - Vol. 63, No. 6, June 30, 2021
• "Claims Jeopardy: Your Issues (in the Form of a Question)," DRI, For The Defense (Professional Liability), April 2021

• "To Arbitrate or Not To Arbitrate; That Is the Question," ALPS Blog, April 10, 2021

• "Has the Attorney-Client Relationship Suffered in an Over-Connected World?," ALFA International Advantage Newsletter, August 19, 2020 

• "Malpractice on Trial: Avoiding Claims and Grievances," State Bar of Georgia (ICLE), August 2019
• "Scoring A Run: Making Sure You Can Get All Around the Bases And Back Home With Your Deposition Testimony, ALFA International, 2019 Professional Liability Group Mini-Seminar, August 2019

• "Engagement Letters, Nonengagement Letters, and Disengagement Letters," DRI, For The Defense, April 2019 

• "Avoiding Malpractice and Bad Faith in an Electronic World," Claims and Litigation Management Alliance, 2019 Cyber, Management and Professional Liability Conference, July 2019 
• "Handling Claims with Practically Perfectly Aligned Stakeholders," Claims and Litigation Management Alliance, 2019 Annual Conference, March 2019
• "Communicating Over Conflict," DRI Professional Liability Committee, Riding the E&O Line, Volume 10, Issue 4, December 30, 2018 

• "What We’ve Got Here Is a Failure of Communications," DRI Professional Liability Committee, Riding the E&O Line, Volume 10, Issue 3, December 2018 

• "Malpractice on Trial: Avoiding Claims," DRI - The Voice, Volume 17 Issue 13, April 2018

• "Separate but Equal Duties," DRI - For The Defense, Professional Liability Section, April 2018 

•  "Skeletons as Party Favors," DRI - The Voice, Volume 16 Issue 49, December 2017

•  "Who's the Client," DRI - The Voice, Volume 16 Issue 47, November 2017

Memberships

• State Bar of Georgia

• American Bar Association (ABA)

  • Lawyer’s Professional Liability Committee

  • Litigation Section

  • The Woman Advocate

    • Chair, Professional Liability Subcommittee

• DRI

  • Professional Liability Committee
  • Executive Committee
  • Vice-Chair, Annual Seminar

• ALFA International

  • Professional Liability Practice Group
  • Women’s Initiative Practice Group
  • International Client Seminar Committee

• Claims and Litigation Management Alliance (CLM)

  • Professional Liability Committee
    • Advisory Board Member
    • Chair, Publications Committee
  • Diversity, Equity & Inclusion Committee
  • Extra-Contractual Committee

• Georgia Defense Lawyers Association (GDLA)

  • Women Litigators Section
• Atlanta Bar Association
• Lawyers Club of Atlanta

• Certified Litigation Management Professional (CLMP), Litigation
• Management Institute at Loyola University Chicago School of Law (2019)